Table of ContentsExecutive Summaryi1.INTRODUCTION41.1.Background41.2.Description of the project area coverage41.2.1.Amuru District:51.2.2.Population51.2.3.Economic Activity51.3.Nwoya District51.4.Scope of Project Activities61.5.Project Impacts71.5.1.Project Area of Influence71.5.2.Description of Areas for which compensation is required81.5.3.Minimizing or Avoiding Impacts81.6.Category of Project Impacts91.7.Objectives of the RAP101.8.Rationale101.9.Purpose101.10.Objectives:101.11.Guiding Principles of the RAP112.Approach and Methodology132.1.Quantitative Methods132.2.Qualitative Methods132.3.Data Entry and analysis142.4.Property Valuation Methodology142.5.Cadastral Surveys142.6.Census and Valuation Methodology143.Census and Socio-Economic Survey163.1.Socio-Economic Baseline of the Power Lines173.1.1.Gender of Household Heads173.1.2.Age of Household Heads183.1.3.Relationship to HHH193.1.4.Marital Status of HHHs203.1.5.Religious Affiliations of Household Members203.1.6.Education levels of Affected Persons213.1.7.HIV/AIDS Prevalence223.1.8.Characteristics of Households and Houses223.1.9.The Affected Plot as the Principle Place of Dwelling233.1.10.Types of Dwelling Places243.1.11.Hygiene and Sanitation263.1.12.Energy Sources273.1.13.Benefits Expected After Connections283.1.14.Most Desired Appliance upon Connection283.1.15.Income, Livelihood and Economic Activities Status293.1.16.Estimated Household Income per Month313.1.17.Production Activities313.1.18.Land Tenure Systems323.1.19.Source of Water333.1.20.Treatment of Drinking water343.1.21.Main Mobile Telecom Used343.1.22.Bank Accounts353.1.23.Payment Procedure363.1.24.Seeking Redress Mechanism384.LEGAL, POLICY, and INSTITUTIONAL FRAMEWORK394.1.Legal Framework394.1.1.The Uganda Constitution (1995)404.1.2.The Land Act, Cap 227 (1998)404.1.3.Land Acquisition Act (1965)414.1.4.The Land Act (1998)414.1.5.The Land Regulations, (2004)424.1.6.The Land (Amendment) Act (2010)424.1.7.The Electricity Act (1999)434.1.8.The Local Government Act (1997)434.2.Policy Framework444.2.1.Rural Electrification Strategy and Plan (RESP) 2013-2022 Program Implementing Policies and Structures444.2.2.The National Land Policy (2013)444.2.3.The National Gender Policy, (1997)454.2.4.The National HIV/AIDS Policy, (2004)464.3.Institutional Framework for the Sector464.3.1.Electricity Regulatory Authority464.3.2.Rural Electrification Fund and the Board464.3.3.The Rural Electrification Agency, REA474.4.World Bank Policies484.4.1.Comparison between Land Law in Uganda and World Bank OP 4.12495.Eligibility AND COMPENSATION555.1.World Bank Criteria for Determining Eligibility for Compensation555.2.Consideration under the Project555.3.Definition of a Way leave565.4.Basis for valuation565.5.Cut-off Date575.6.Eligibility Criteria for Compensation585.7.Compensation Package596.ENTITLEMENTS AND VALUATION METHODS616.1.Specific Compensation Components616.2.Market Value and Replacement Cost626.3.Squatters and Renters626.4.District Compensation Rates626.5.Department of Community Development636.6.Minister of Lands Housing and Urban Development636.7.Attorney General646.8.Chief Government Valuer646.9.Uganda Land Commission646.10.District Land Board646.11.Town and Country Planning Board (1964)646.12.Valuation Amounts657.PUBLIC CONSULTATIONS AND DISCLOSURE667.1.Approach and Thematic Areas667.2.Community Sensitizations667.3.Community Participation in the Project677.4.Entitlement Cut-Off677.5.Grievance Redress687.6.Public Disclosure Plan688.COMPLAINTS & GRIEVANCE RESOLUTION MECHANISMS718.1.Aim of Grievance Redress Procedure718.2.Types of Grievances718.3.Grievance Redress Mechanism728.3.1.Grievance Procedures728.3.2.Conflict and grievance minimization through information disclosure and consultation738.3.3.Public Announcements748.3.4.Visual material748.3.5.Community Informative Meetings758.3.6.Stakeholder Meetings758.3.7.Field Surveys758.3.8.Cooperation with NGOs758.4.RAP Requirements758.5.Institutional Arrangements758.6.Independent (External) Monitoring For Grievance Redress Mechanism769.IMPLEMENTATION PLAN789.1.REA’s role during RAP implementation799.2.PAP Committee (PC)799.3.Related Local Government Department7910.RESETTLEMENT ACTION PLAN BUDGET8010.1.Borrowing from Past Resettlement Experiences in the Region8011.MONITORING AND EVALUATION8011.1.Objectives8011.2.Approach8011.3.Progress Monitoring8111.4.Compliance and Completeness Audit8111.5.Evaluation and RAP Completion Report8212.LIST OF PROJECT AFFECTED PEOPLE83
ABBREVIATIONS AND ACRONYMS
CAOChief Administrative Officer
CBOCommunity Based Organization
CGVChief Government Valuer
DLBDistrict Land Board
DLTDistrict Land Tribunal
DPsDisplaced Persons
ERTElectricity for Rural Transformation
GOGrievance Officer
GoUGovernment of Uganda
GRCGrievance Redress Committee
GRMGrievance Redress Mechanism
HIV/AIDSHuman Immune Virus/Acquired Immune Deficiency Syndrome
ICTInformation and Communication Technology
IDAInternational Development Agency
LDCLicensed Distribution Company
LDCLocal District Council
LGALocal Government Act
LGRCLocal Grievance Redress Committee
LGLocal Government
NGONon- Government Organization
PAPProject Affected Person
PLCParish Land Committee
RAPResettlement Action Plan
REARural Electrification Agency
REBRural Electrification Board
REFRural Electrification Fund
RESPRural Electrification Strategy and Plan
DEFINITIONS
Unless the context dictates otherwise, the following terms will have the following meanings:
“Census” means a field survey carried out to identify and determine the number of Project Affected Persons (PAPs) or Displaced Persons (DPs) as a result of land acquisition and related impacts. The census provides the basic information necessary for determining eligibility for compensation, resettlement and other measures emanating from consultations with affected communities and the local government institutions (LGIs).
Project Affected Person(s) (PAPs) are persons affected by land and other assets loss as a result of the project activities. These person(s) are affected because they may lose, be denied, or be restricted to access economic assets; lose shelter, income sources, or means of livelihood. These persons are affected whether or not they will move to another location.
“Compensation” means the payment in kind, cash or other assets given in exchange for the acquisition of land including fixed assets thereon as well as other impacts resulting from the project program activities.
“Cut-off date” is the date of commencement of the census of PAPs or DPs within the project area boundaries. This is the date on and beyond which any person whose land is occupied for project will not be eligible for compensation.
“Displaced Persons” mean persons who, for reasons due to involuntary acquisition or voluntary contribution of their land and other assets under the project, will suffer direct economic and or social adverse impacts, regardless of whether or not the said Displaced Persons are physically relocated. These people may have their: standard of living adversely affected, whether or not the Displaced Person will move to another location; lose right, title, interest in any houses, land (including premises, agricultural and grazing land) or any other fixed or movable assets acquired or possessed, lose access to productive assets or any means of livelihood.
“Involuntary Displacement” means the involuntary acquisition of land resulting in direct or indirect economic and social impacts caused by: Loss of benefits from use of such land; relocation or loss of shelter; loss of assets or access to assets; or loss of income sources or means of livelihood, whether or not the Displaced Persons has moved to another location; or not.
”Involuntary Land Acquisition” is the repossession of land by government or other government agencies for compensation, for the purposes of a public project against the will of the landowner. The landowner may be left with the right to negotiate the amount of compensation proposed. This includes land or assets for which the owner enjoys uncontested customary rights.
“Land” refers to agricultural and/or non-agricultural land and any structures there on whether temporary or permanent and which may be required for the project.
”Land acquisition” means the repossession of or alienation of land, buildings or other assets thereon for purposes of the project.
Rehabilitation Assistance” means the provision of development assistance in addition to compensation such as land preparation, credit facilities, training, or job opportunities, needed to enable Project Affected Persons and Displaced Persons to improve their living standards, income earning capacity and production levels; or at least maintain them at pre-project levels.
Resettlement and Compensation Plan”, also known as a “Resettlement Action Plan (RAP)” or “Resettlement Plan” - is a resettlement instrument (document) to be prepared when program locations are identified – i.e. such as this document. In such cases, land acquisition leads to physical displacement of persons, and/or loss of shelter, and /or loss of livelihoods and/or loss, denial or restriction of access to economic resources. RAPs are prepared by the party impacting on the people and their livelihoods. RAPs contain specific and legal binding requirements to resettle and compensate the affected party before implementation of the project activities.
”Replacement cost” means replacement of assets with an amount sufficient to cover full cost of lost assets and related transaction costs. The cost is to be based on Market rate (commercial rate) according to Ugandan law for sale of land or property, however without depreciation. In terms of land, this may be categorized as follows; (a) “Replacement cost for agricultural land” means the pre-project or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the costs of: (b) preparing the land to levels similar to those of the affected land; and (c) any registration and transfer taxes;
“Replacement cost for houses and other structures” means the prevailing cost of replacing affected structures, in an area and of the quality similar to or better than that of the affected structures. Such costs will include: (a) transporting building materials to the construction site; (b) any labor and contractors’ fees; and (c) any registration costs.
“Resettlement Assistance” means the measures to ensure that Project Affected Persons and Displaced Persons who may require to be physically relocated are provided with assistance during relocation, such as moving allowances, residential housing or rentals whichever is feasible and as required, for ease of resettlement.
Rural Electrification Agency - UgandaPage iv
Executive Summary
The Government of Uganda is set to receive financing from the World Bank towards the cost of the Energy for Rural Transformation (ERT) Project Phase III under Additional Financing project restructuring and intends to apply part of the loan proceeds for Consultancy Services to undertake Project specific Resettlement Action Plans for the proposed 33kV Distribution lines and associated Low Voltage networks for Amuru-Nwoya District Headquarters (Anaka) (App. 43km of MV and 9km of LV). The project area is located in Northern Uganda in the districts of Amuru and Nwoya.
Scope of Project Activities
The construction of the electricity distribution lines will be associated with the following key activities:
1. Erection of medium voltage line support structures, accessories and conductors;
2. Clearing of the Right-of-Ways for medium voltage and low voltage lines;
3. Erection of the low voltage reticulation lines to bring supply points close to potential consumers.
Objectives:
Specifically this Resettlement Action Plan has been prepared to;
a) consult relevant stakeholders, including potentially affected persons to identify and address people’s concerns well before the project is implemented;
b) identify, assess and recommend mitigations to socio-economic impacts created by implementation of the project;
c) peg the different areas to be acquired for the distribution line i.e. fix the distribution line on the ground;
d) identify people and property that will be affected by the construction of the 33 kV power lines; and
e) determine appropriate valuation and/or resettlement packages for the affected persons
Approach and Methodology
Both quantitative and qualitative methodologies were applied to identify the project impact and compensation assessments based on the current verifiable socio-economic and demographic information. Below is a brief description of the methodologies applied by the consultant.
Quantitative Methods
Socio-Economic Survey and Census: Quantitative method using a household questionnaire was used to capture detailed data at household level including inventories for all project affected households. All together 120 respondents who are going to be directly and indirectly affected by the projects were interviewed. About 148 property owners who stay and earn their livelihoods in the project area were also identified.
Project Area
Numbers of PAPs Affected
Number of PAPs Interviewed
Amuru-Nwoya
148
120
Qualitative Methods
Qualitative methodologies including Key Informant Interviews, Focus Group Discussions, Community Meetings, observation and photography were used to get information regarding the project areas. The OP 4.12 Safeguard guidelines require the people likely to be affected by a development project to be consulted so that their views and fears are incorporated in planning.
Property Valuation Methodology
Property valuation, the results of which will be utilized in this RAP (e.g. types and value of affected assets), was done by an independent chartered surveying and valuation firm following the methodology described below.
Cadastral Surveys
Land belonging to all people affected was surveyed and mapped indicating their respective tenure systems. Customary land tenants and registered owners were recorded and strip maps produced.
Survey beacons were placed along the line way leave to enable easy identification later. Based on this, acreage of land affected for both registered plots and customary land tenure were calculated and a valuer determined the commensurate compensation values for each affected property.
Legal Framework
There are a number of national and local legal frameworks that regulate land relations in Uganda. These frameworks define land rights, ownership, procedures and requirements of transfer and acquisition of land between individuals and groups. They also provide procedures for the acquisition of land by the state or a public body for public projects. Among the most important legal instruments in this regard are The Constitution of The Republic of Uganda (1995), The Land Act (1998), The Land Regulations (2004), The Local Government Act (1992) and The Land Acquisition Act (1965), The Electricity Act (1999), The National Land Policy 2013 and The National Gender Policy (1997).
Project Impacts
Power line
No. of Villages Affected
No. of PAPs Identified
Amuru-Nwoya-Anaka
12
148
Resettlement Costs
The compensation budget for the Project Affected Persons computed amounts to Uganda shillings 35,237,000/=.
Disclosure
This RAP will be disclosed in compliance with relevant Ugandan regulations and The World Bank Operational Policy 4.12. The documents will be disclosed at the Infoshop of The World Bank and will also be available to any interested persons through the media in Uganda. A simplified version of the RAP report will be provided at the district headquarters and the Local Council Offices. REA personnel, with the help of the community leadership for translation purposes, will carry out sensitization campaigns to inform PAPs of the upcoming project and what it entails as per the simplified RAP report.
1. INTRODUCTION 1.1. Background
The Government of Uganda is set to receive financing from the World Bank towards the cost of the Energy for Rural Transformation (ERT). Project Phase II under Additional Financing Project Restructuring and intends to apply part of the loan proceeds for Consultancy Services to undertake project specific Resettlement Action Plans for the proposed 33kV Distribution lines and associated Low Voltage networks for Amuru-Nwoya District Headquarters (Anaka) (App. 43km of MV and 9km of LV) and the project area is located in Northern Uganda in the districts of Amuru and Nwoya.
Figure 1: Map Showing Amuru-Nwoya-Anaka Project Area
1.2. Description of the project area coverage
The project area has been summarized in the description below:
The Amuru-Nwoya 33kV distribution line transverses the districts of Amuru and Nwoya towards the Nwoya District Headquarters in Anaka. Most of the line lies in Nwoya district, going through the Sub-counties of: Alero, Anaka, Anaka T/C, Gwok, Purongo and in Amuru Trading Centre in 3 villages of Corner Lukon, Dog Akago Otwee and 11 villages of Patyira West Kibar, Aparang Central, Olonyi, Kal Sub Ward, Lamogi, Bidati, Lulyango, Lukayi, Ojwayo, Lungulu, Amoyokoma in Nwoya Distirct.
1.2.1. Amuru District:
Amuru District was established by the Ugandan Parliament in 2006. Prior to that, the district was part of Gulu District. It is bordered by Adjumani District to the North, South Sudan and Lamwo District to the Northeast, Gulu District to the East, Nwoya District to the South, Nebbi District to the Southwest and Arua District to the West. The administrative headquarters of the district at Amuru, are located approximately 60 kilometres (37 mi), by road, west of Gulu, the largest city in the sub-region. The coordinates of the district are: 02 49N, 31 57E.
1.2.2. Population
Amuru District, together with the districts of Agago, Gulu, Kitgum, Lamwo, Nwoya and Pader, are part of the larger Acholi sub-region, home to an estimated 1.5 million people, according to the 2002 national census. The 2014 Population and Housing Census preliminary results put the population of Amuru at 190,516. The district population is growing at an estimated annual rate of 3.5%.
1.2.3. Economic Activity
Subsistence agriculture is the backbone of the district economy, employing 98% of the population. Arable land, which makes up about 90% of the total land area in the district is very fertile. However, during the last twenty (20) years, less than 1% of the land has been utilized for agriculture on account of insecurity in the area caused by the Lord's Resistance Army. Crops grown include: cotton, tobacco, maize, millet, sorgum, sweet potatoes, cassava, groundnuts, simsim, beans, peas and sunflower.
1.3. Nwoya District
Nwoya District is bordered by districts of Amuru to the north, Gulu to the northeast, Oyam to the east, Kiryandongo to the southeast, Masindi District to the south and Bullisa to the southwest. Nebbi District lies to the west of Nwoya District. Anaka, the main political, administrative and commercial center in the district, is located approximately 44 kilometers (27 mi), by road, southwest of the city of Gulu, the largest metropolitan area in the Sub-Region. This location is approximately 330 kilometres (210 mi), by road, north of the city of Kampala, Uganda's capital and largest metropolitan area. The coordinates of the district are: 02 38N, 32 00E.
Nwoya District is one of the newest districts in Uganda. It was established by Act of Parliament and began functioning on 1 July 2010. Prior to that date, it was part of Amuru District. The district is part of the Acholi Sub-Region, together with: Agago, Amuru, Gulu, Kitgum, Lamwo and Pader.
1.3.1. Population
According to the preliminary results of the 2014 population and Housing Census, the Nwoya and Amuru Districts population was at 128,094 and 190,518 respectively, with a growth rate of 9.49% by 2014. Just like the National trend there are more female than male with more people living in rural areas than urban therefore extending power to these rural areas will enhance urbanization in Nwoya and Amuru Districts. Further analysis of the population trends by Sub-county affected still shows that there are more female than male in the project areas with an average household size of 5.06 for Nwoya and 5.2 for Amuru see table 1 below.
Table 1: Population Statistics of Nwoya and Amuru Districts
Nwoya District Population statistics
Male
Female
Urban
Rural
No. HH
Non. HH
Total
Growth rate
62,899
65,195
13,489
114.605
126,818
1,276
128.094
9,49
Amuru District Population statistics
92,502
98.014
9,846
180,670
188,860
1,656
190,518
2.83
Population of Nwoya per Project Affected Sub-counties
Sub-county
No. of HH
Average Size
Male
Female
Total
Alero
7,727
5.2
19,923
20,434
40,357
Anaka
2,274
5.4
5,400
5,897
11,297
Anaka TC
2,784
4.8
6,462
7,027
13,489
Gwok
6,894
5.0
17,558
18,091
35,649
Purongo
5,435
4.9
13,556
13,746
27,302
Population of Amuru per Project Affected Sub-counties
Amuru
7,779
5.4
20.603
21,457
42,060
Amuru TC
1,978
5.0
4,831
5,015
9,846
1.3.2. Economic Activity
Prior to 2013, subsistence agriculture and livestock husbandry were the main economic activity in the district. More recently, crude oil deposits have been found and commercial extraction is being planned.
1.4. Scope of Project Activities
This RAP is as a result of the reviewed designs of the Amuru-Nwoya District Headquarters (Anaka) (App. 43km of MV and 9km of LV) power line project which will subsequently lead to temporary interference and loss of food crops. The RAP is to ensure that the losses to be incurred by PAPs are addressed in order for the population to share project benefits. The affected people should be assisted to develop their social and economic potential so as to improve or restore their incomes and living standards to pre-project levels. The RAP aims at ensuring that the PAPs are not worse off than they would have been without the project. In developing the RAP, the consultant has taken into consideration the peculiarities of needs for women, children and the vulnerable groups.
The construction of the electricity distribution lines will be associated with the following key activities:
1. Erection of medium voltage line support structures, accessories and conductors;
2. Clearing of the right-of-ways for medium voltage and low voltage lines;
3. Erection of the low voltage reticulation lines to bring supply points close to potential consumers; and
4. Post Construction Clean up: Excess and waste material shall be removed from the right of way and disposed to designated areas.
5. Routine line maintenance will be done every year or as deemed necessary by the system operator. The activities will include line clearance along the Right-of-Way; repair damaged structures, conductors and cracked or broken insulators. The maintenance will also include selective tree trimming depending on their growth rate and weeding around poles for a radius of one meter to protect them from bush fires. Emergency maintenance will also be carried out including technical breakdown done whenever there is a fault on the line or after severe wind/lighting storm.
1.5. Project Impacts
The project area of the Rural Electrification Programme as indicated below covers 2 districts of Amuru and Nwoya as shown in the table 2 below.
Table 2: showing the project area of the Rural Electrification Programme
Project
District
County
Sub-county
Parish
Village
HHs
Amuru – A – Nwoya
(43km MV & 9km LV)
Amuru
Amuru
Amuru,
Amuru T/C
Amoyokuma
Otwee
Corner Lukon,
Dog Akago
Otwee
13
Nwoya
Nwoya
Alero
Anaka
Anaka T/C
Gwok
Purongo
Akago, Bwobonam
Ceke, Labiye,
Paduny, Paibwor,
Pangora, panockrach, Patira
Aparanga, Bidati, Bwbonam B, Dog Akago, Kal Sub ward, Kiba, Lamogi, Lonik, Lukayi, Lulyango, Lugulu, Olony, Pacoo, Puduny Lamogi, Patira
107
1.5.1. Project Area of Influence
This RAP has focused on areas that will be affected in the project implementations. A way leaves corridor of 10m shall be reserved throughout the entire line system.
· The minimum distances of 13.0m from a house and 4.0m from the road edge for both LV and HV shall be observed.
· The 33kV lines shall be erected with a minimum clearance from the ground or highest water level will be 6.0m or 2.0m from the highest point.
This land in the Way Leave would be subject to the following zoning restrictions:
· No construction is allowed in the Way Leave area
· All vegetation to be kept below 6 feet height (1.8 meters)
Cultivation or other uses of land could continue provided the owner and the occupants of land complied with the above-mentioned prescriptions.
1.5.2. Description of Areas for which compensation is required
Physical land would be required if there was construction of towers, construction of sub stations and access roads; this is not the case for the 33kV line and therefore land take is not expected.
The main socio-economic impacts of the proposed 33kV power lines will largely be associated with project activities of line construction. They include cutting down vegetation to create 10m diameter right of ways through which the poles will be erected and strung. The activities will lead to loss of property (mainly crops and trees) and a reduction of income/means of livelihood which could potentially lead to the creation of vulnerable people. Therefore compensation will be required for:
· Damages to crops and trees during pegging the right of way;
· Damages to crops and trees for creating temporary wayleaves for ferrying materials;
· Damages to crops and trees for lay down areas and during stringing procedure.
Much of the rural roads lack recognisable reserves and utility corridors, as the reserves are fully utilised by the communities. It therefore becomes inevitable to have some trees, crops and vegetation cleared during the course of the project implementation.
Agriculture and livestock grazing will be possible under the way leaves with minimum clearance from the ground or highest water level will be 6.0m or 2.0m from the highest point.
Contractors usually hire already existing facilities or hire spaces for short periods during line constructions and hence will not lead to permanent land take.
1.5.3. Minimizing or Avoiding Impacts
Environmental and social considerations were taken into account during the studies in order to minimize or avoid impacts. Location considerations that minimized the need for land included the following:
· Avoiding displacement of people as much as possible i.e. using the road reserve;
· Minimizing the number of PAPs, to the extent possible i.e. restricting the project as much as possible along the road reserve;
· During the community consultations, concerns were raised regarding plots within the trading centers that would need to be developed yet with the way leaves restrictions should be undertaken in future. Resultantly, the land survey avoided buildings and plots especially within the rural growth centres by shifting the line behind the rural growth centres.
1.6. Category of Project Impacts
There is no land acquisition that is going to take place. REA is acquiring only user rights as earlier mentioned. The construction of 33kV will lead to acquisition of user rights for the 10 metres corridor also known as a way leave or an easement or Right-of-Way granted by a land or property owner for development, erection and lying of power lines.
Therefore, REA only uses the land for Right-of-Way; the affected land is not permanently taken by REA as is the case with high voltage transmission lines. After the erection of the pole, the owner of land can continue using the land with caution not to plant high growing crops and trees. However REA/or the operating agency remains with the right to maintain and/or clear any vegetation or crops that are likely to cause danger or disruption of the power line.
AMURU-NWOYA-ANAKA
All the villages and the number Project Affected People therein are listed in the table below:
Table 3: Number of PAPs per Village
S/N
NAME OF VILLAGE
NO. OF PAPS
NWOYA DISTRICT
1
PATYIR WEST KIBAR
7
2
APARANG CENTRAL
12
3
OLONYI
13
4
DOG AKAGO
14
5
KAL SUBWARD
4
6
LAMOGI
8
7
BIDATI
5
8
LULYANGO
13
9
LUKAYI
21
10
OJWAYO
5
11
LUNGULU
27
AMURU DISTRICT
12
AMOYOKOMA
19
TOTAL
148
Table 4: Public Institutions Affected by the Project
Project Area
Public Institution Affected
Amuru-Nwoya
a. Dog Akago Church of Uganda
b. Anaka Catholic Church
c. Anaka Referral Hospital
d. Lungulu Catholic Church
e. Lungulu Primary School
f. Queen of Peace Primary School Amoyokome
g. Amuru Police Station
1.7. Objectives of the RAP
This section focuses on the rationale, purpose, objectives, scope, and guiding principles for the development of this RAP.
1.8. Rationale
This RAP is prepared to fulfill The World Bank OP 4.12 on Involuntary Resettlement which outlines policy for World Bank funded projects where displacement of persons and entities within the path of infrastructure improvement may not be avoidable. It sets out procedures and conditions that borrowers are expected to meet in operations involving involuntary resettlement. The Constitution of the Republic of Uganda also has clear cut guidelines in relation to land acquisition such as The Land Act 1998 as amended in 2004.
The Resettlement Action Plan (RAP) is a pre-requisite to the implementation of grid-extension lines under ERT III project. It is envisaged that the proposed overhead power lines will mainly run within existing road reserves and therefore, will have minimal negative environmental and social impacts.
1.9. Purpose
The purpose of this RAP therefore, is to provide procedures and undertakings to be effected before and during the construction works that will ensure that any economic or physical displacement whether permanent or temporary is effected in a socially acceptable way, and in accordance with Ugandan Law as well as The World Bank 4.12 on Involuntary Resettlement.
1.10. Objectives:
Specifically this Resettlement Action Plan has been developed to;
· identify people and property that will be affected by the construction of the 33 kV power lines;
· consult relevant stakeholders, including potentially affected persons to identify and address people’s concerns well before the project is implemented;
· identify, assess and recommend mitigations to socio-economic impacts created by implementation of the project;
· continually engage with PAPs during RAP implementation to prevent future conflicts;
· peg the different areas to be the distribution line i.e. fix the distribution line on the ground; and
· determine appropriate valuation and/or resettlement packages for the affected persons;
1.11. Guiding Principles of the RAP
In order to ensure that the RAP complies with international best practices as regards to resettlement, the principle implementing agency, REA shall bind itself to the following guiding principles:
Principle 1: Resettlement must be avoided or minimized
Action: To comply with the principle, REA has demonstrated that the proposed resettlement is both necessary and viable, and that its scope and extent cannot be lessened. REA has shown that the project has been designed to cause the least possible displacement and/or disruption hence the various options considered by the design group.
Principle 2: Genuine consultation must take place
Action: Given its focus on resettlement, the primary concern is to take seriously the rights and interests of the PAPs. For this to take place, their voices need to be made clear through local level consultative forum. These structures have been coordinated at the community level by REA personnel and the current consulting teams that have been contracted to prepare the RAP.
Principle 3: Establishment of a pre-resettlement baseline data
Action: To support the successful re-establishment of affected property, the following activities have been undertaken prior to displacement.
· An inventory of landholdings and immovable/non-retrievable improvements (buildings and structures) to determine fair and reasonable levels of compensation or mitigation.
· A census detailing household composition and demography, and other relevant socio-economic characteristics has been carried out as part of this RAP.
The assets inventories have been used to determine and negotiate entitlements, while the census information is required to monitor homestead re-establishment. The information obtained from the inventories and census will be entered into a database to facilitate resettlement planning, implementation and monitoring. However, REA policy is to compensate only adversely affected landholdings and buildings and it is not given that every land that is within the way leave has to be compensated. People can continue carrying out their activities side by side with the power lines unlike transmission.
Principle 4: Assistance in relocation must be made available
Action: REA will guarantee the provision of any necessary compensation for the people whose land will be disturbed to make way for the power line adjustments or any other disturbances of productive land associated with the project in proportion to their loss.
Principle 5: A fair and equitable set of compensation options must be negotiated
Action: Compensation will be paid for crops and trees that are disturbed according to set Chief Government Valuer’s rates derived from market values of the specific districts.
Principle 6: Resettlement must take place as a development that ensures that PAPs benefit
Action: Where practical, the employment and sub-contracting opportunities that arise from the project will be made available to the affected population.
Principle 7: Vulnerable social groups must be specifically catered for
Action: Members of vulnerable groups are often not able to make their voice heard effectively; they are often physically weaker, and may need special help in the relocation/disturbance phase. In particular, female-headed households may lose out to more powerful male-headed households when assets will be demolished to make way for the projects. An account of this was taken during the consultation and planning processes, as well as in establishing grievance procedures. REA will ensure that the pre- resettlement database specifically identifies vulnerable social groups and makes provision for them to be included in consultative forum. REA will further ensure that these vulnerable groups are given the necessary protection to ensure that they receive equitable access to replacement resources. In addition, REA will make specific reference to vulnerable social groups being paid, particularly during the monitoring process. Vulnerable groups will include those with minimal assets, the illiterate, and the aged (i.e. 65 years and above).
Principle 8: Resettlement must be seen as an upfront project cost
Action: Experience across the world shows that unless resettlement is built in as an upfront project cost, it tends to be under budgeted. That money gets whittled away from the resettlement budget to ‘more pressing’ project needs, and that it tends to be seen as peripheral to the overall project. REA will ensure that compensation costs, as well as those resettlement costs that fall within their scope of commitment, are built into the overall project budget as up-front costs.
Principle 9: An independent monitoring and grievance procedure must be in place
Action: In addition to internal monitoring that will be provided by REA, an independent team comprising local administration and the locals will undertake monitoring of the resettlement aspect of the project. Grievance procedures will be organized in such a way that they are accessible to all affected parties; with particular concern for the situation of the vulnerable groups. Monitoring will specifically take place via measurement against the pre-resettlement database.
Principle 10: World Bank’s Operational Policy on Involuntary Resettlement
Action: The World Bank’s OP 4.12 on Involuntary Resettlement will be adhered to. It requires that involuntary resettlement be avoided where feasible, or minimized, exploring all viable alternative project designs. Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. They should also be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of the project implementation, whichever is higher.
2. Approach and Methodology
A variety of methods were applied to identify the project impact and compensation assessments based on the current and verifiable socio-economic and demographic information. Both quantitative and qualitative methodologies used are described below;
2.1. Quantitative Methods
Socio-Economic Survey and Census: Quantitative methodology using a household questionnaire was used to capture detailed data at household level including inventories for all project affected households.
The questionnaire captured the following information:
· Household Bio data (Demographic information).
· Characteristics of Households and Houses.
· Current energy sources.
· Income, Livelihood and Economic Activities.
· Infrastructure inventories including land, common and cultural properties and social services infrastructure.
2.2. Qualitative Methods
Qualitative methodologies including Key Informant Interviews, Focus Group Discussions, Community Meetings, Observation and Photography were used to get information regarding the project areas. The World Bank’s OP 4.12 on Involuntary Resettlement requires the people likely to be affected by a development project to be consulted so that their views and fears are incorporated in planning. Knowledge of what the community perceives will go a long way to help during the compensation and resettlement action plan. Therefore, during the RAP process, consultations were conducted with relevant stakeholders, including potential beneficiaries, affected groups and local authorities about the project’s social aspects. The RAP team held consultation with the District Local Authorities and Communities in all villages that were near and around the power line area as indicated in the table below. Other methods used in the RAP preparation work included; focus group discussion, key informant interviews with several stakeholders, photography and field observations.
Table 5: Showing Venues and Dates of Consultative Meetings
PROJECT AREA
VENUES
DATES
Amuru-Nwoya
Patira East, Purongo , Aparanga, Olony , Dokakago, Mission Ward, Kal ward, Paduny Lamogi and Didati, Anaka town council, Lulyango, Lukayi, Bwobonam A &B, Lungulu A, Lungulu trading centre,& Kololo, corner Lukun and Owee/amoyokuma
November 9 – 17,, 2014
Key issues discussed during public consultation were as follows:
· The PAPs requested REA to hasten compensation and to have streamlined grievance redress mechanisms.
· They requested that the contractor consider them first for employment during project implementation.
· Community members lacked effective demand because they could not afford connection costs.
· They highlighted the continued need for community sensitization and dialogue in order to avoid suspicion and violence.
· They demystified fears that a lot of trees would be affected saying; charcoal burning had already caused havoc to especially nearby trees.
· Compensation - adequacy of the cash compensation.
· It was agreed that compensation would only be where the electricity poles were to be placed in order to minimize impacts.
· The local leadership and local business men urged community members not to resist the project since it will lead to great benefits to the locals in terms of social infrastructure.
· The PAPs insisted that the project management should control the workers’ behavior in order to avoid immorality.
· Rural Electrification would increase the possibilities of gainful employment.
2.3. Data Entry and analysis
Answered survey questionnaires were edited and coded. The data entered was cleaned, checked for inconsistencies, validated and exported to the Statistical Package for Social Scientist (SPSS) software version 16 for analysis.
2.4. Property Valuation Methodology
Property valuation, the results of which (e.g. types and value of affected assets) were utilized in this RAP, was done by independent chartered land surveyors and valuation engineers following the methodology described below.
2.5. Cadastral Surveys
The way leaves corridor was surveyed and mapped to establish to rightful demarcation to of the land and determination of affected crops and trees plus recording the owners of affected properties and strip maps produced. Survey ribbons were placed along the line way leave to enable easy identification later. Based on this, the number of crops and trees affected were calculated and a valuer determined the commensurate compensation values for each affected property.
2.6. Census and Valuation Methodology
In the presence of the LC I Chairperson or representative, the Valuer carefully counted all crops and trees, measured buildings/structures while the owner/affected person verified the count. A “Compensation Assessment Form” was filled to record properties affected. The LC I Chairperson, property owner and Valuer verified the contents and signed the form. The Chairperson signed as witness to the count. The affected person retained a copy and the valuer kept the original. Approaches used to derive compensation rates for land and buildings are described below:
i) Land
Land in the way leaves is not acquired but since its use is restricted, it is “orphaned land” and valued at a proportion of the market value reflecting this restriction. Plantation crops such as tea in way leaves that are shorter than 1.8 m are allowed beneath the line or in the way leaves and are not compensated. However allowance was made in the valuation exercise for their compensation if damaged during power line construction. Although REA does not completely prohibit human activities within the way leave, it restricts certain uses and heights in there. For example no buildings are allowed and crops therein grown must not exceed 1.8 meters in height.
Compensation for land arising out of diminution is measured by loss in property value. ‘Diminution’ refers to the act of decreasing or reducing the worth of something (land, in this case) caused by an action of a second party or entity. Diminution is a form of land degradation as the affected land may not be used for its “highest and best use”. “Highest and Best Use” is defined as the reasonable probable and legal use of vacant land or improved property which is physically possible appropriately supported financially feasible and that results in the highest value. Compensation due for way leaves is explained below:
ii) Way leaves:
Limited land use activity is allowed. Where power lines can co-exist with agricultural activities for especially those not higher than 6 feet.
iii) Crops
Under the Local Government Act, the District Land Board in each local government has a mandate to develop own compensation rates for crops and semi-permanent structures. Specific District’s rates were therefore used to derive compensation values for crops, graves, fruit trees, flowers and shrubs owned by project-affected persons. According to Ugandan compensation regulations, seasonal crops (maize, beans, tomatoes) which could be harvested during the period of notice to vacate (3 or 6 months) given to land owners/occupiers are excluded from compensation unlike perennial crops such as coffee, bananas, fruit or timber trees. Valuation rates for these crops takes into account the possible income generated from them.
In this RAP the following procedure was used;
· Inspection for assessment was carried out at the same time with the survey
· The construction of the power line imposes restrictions on the use of land within the 10 meters way leaves corridor including planting of trees and construction of buildings and structures.
· Wetlands, Road Reserves and Forest Reserves were considered to be Government Land. However in areas where economic activities were being carried out by claimants, assessment for compensation of damaged crops and trees was made.
· Where community lands were identified, the crops and trees on the land were assessed and the whole compensation amount will be paid for those assets. Working with local leaders, every effort will be made to identify the PAPs who were cultivating the land at the time of the census. Payments will be made directly to the beneficiary entity.
· Seasonal crops were not considered in the assessments since people would be given time to harvest their crops.
· The assessment covered only trees and some perennial crops
3. Census and Socio-Economic Survey
This section presents the socio-economic status of the main target groups in the project areas for rural electrification and gives an assessment of the Social economic baseline information and project impacts detailing the project affected people by household, background characteristics their losses and the impact electric power supply will have on the different groups. The current socio-economic situation was formed through a combination of primary survey data, secondary data and stakeholder consultation. The key target groups were household heads, household members, men, women and children.
The project was clearly known and a census of all the affected PAPs was carried out. A total of 120 respondents out of the 148 PAPs who stay and earn their livelihoods in the project area were identified as those who will be affected. The 120 respondents were mainly household heads who represented the rest of the PAPs who were family members such as wives and children.
The rest also known as absentee land lord were not available during the consultation period because some of them were either absent on that particular day or live elsewhere or in urban places but own the land. The survey and valuation team work closely with the local council leadership since these people are known to them. Access to their property for valuation was therefore guaranteed by the presence of the local council leadership. The leaders also remain with the valuation forms or some other persons within the family signs the forms on their behalf.
Table 6: Showing Total Impacted and Number of PAPs Interviewed by the Project
Project Area
Numbers of PAPs Affected
Number of PAPs Interviewed
Amuru-Nwoya
148
120
Table 7 below shows the detailed administrative profile of the project areas right from the district to village level and number of household heads that were found available for the interviews.
Table 7: Detailed Administrative Profile and Areas of Impacts
Project
District
County
Sub-county
Parish
Village
HHs
Amuru- Nwoya
(43km MV & 9km LV)
Amuru
Amuru
(1)
Amuru,
Amuru T/C
(2)
Amoyokuma
Otwee
(2)
Corner Lukon, Dog Akago
Otwee (3)
13
Nwoya
Nwoya
(1)
Alero,
Anaka,
Anaka T/C,
Gwok,
Purongo
(5)
Akago, wobonam
Ceke, Labiye,
Paduny, Paibwor,
Pangora, Anockrach, Patira (8)
Aparanga, Bidati, Bwbonam B, Dog Akago, Kal Sub ward, Kiba, Lamogi, Lonik, Lukayi, Lulyango, Lugulu, Olony, Pacoo, Puduny Lamogi, Patira
(16)
107
3.1. Socio-Economic Baseline of the Power Lines
The socio-economic data will form the baseline for future monitoring and evaluation of the project impacts towards the targeted groups. Knowledge of existing population, available healthcare services and prevalent diseases, economic activity and literacy levels of the project area is essential to understanding project targeted communities, potential benefits to recipient communities and likely challenges during and after project implementation. In the report, the line has been abbreviated as A-N-N for Amuru-Nwoya power line.
3.1.1. Gender of Household Heads
Assessment of all user needs is essential to design a rural electrification system that serves all people equitably. Public consultation builds public support for rural electrification initiatives. Separate consultation of women and men often results in practical considerations that would be overlooked without women’s input. Rural electrification baseline and feasibility studies and surveys can effectively identify electricity uses, needs and constraints of households (female-headed and male-headed) and businesses (women-owned and men-owned). In an effort to fulfill its main objective of providing electricity to rural areas, construction of the power line alone is not enough. Collective participation and decision making must be at household level to effect the connections. Since electricity is not going to be distributed free of charge, money has to be saved by households to enable them connect to the grid.
Men here play a very important role in deciding whether to get connected or not, depending on their ability to wire the house and pay without necessarily involving women; though women are important in prioritizing the rooms to be lit. For example, a woman may prefer to have light in kitchen rather than in the bathroom. From the field survey, it is evident that overall majority of the primary survey respondents were male at 86 % while the female were only 14 %.( Figure: 2). In Uganda, decision making at household level is mainly done by men unless the household is headed by a woman. Therefore during implementation of the project participation of all stakeholders at household level must be upheld.
Figure 2: Gender of Household Heads Interviewed
Analysis of the householder gender ratio shows that the Amuru-Nwoya power line area has more male (54%) members than females (46%). During community sensitization meetings it emerged that communities are more concerned on the employment opportunities that come with the construction of the power lines. They were aware of their lack of technical skills but are willing to perform the jobs that do not require technical skills like casual labour for mostly men and provision of services like cooking food for women. Power line contractors are to be advised of the need to use residents of the project areas as casual/unskilled labour wherever possible during the project.
Figure 3: Sex Distribution of Household Members
3.1.2. Age of Household Heads
In efforts to reduce poverty by making electricity available, the age of the target group plays an important role in the ability to utilize electricity productively. Age affects the type of awareness session and participation programmes that are implemented as a result of project implementation and impacts. A youthful dynamic population can easily adapt to changes that come with rural electrification. From the Figure 4 below 95% overall of the household heads interviewed were aged between 18 – 69 years and are hence considered to be adults and therefore making the targeted group appropriate for rural electrification. However, it is also worth noting that in Amuru-Nwoya power line there is a considerable percentage 4% of household heads who are elderly (75 years and above). These elderly people are regarded as vulnerable given their advanced age but may not be very eager to connect power to their houses after all they have lived most of their lives without power. In this particular area REA may consider changing the rural electrification strategy by providing Renewable Energy such as solar panels alongside the National grid for those households that are considered vulnerable. Since rural electrification comes with a cost of house wiring, connection costs and power bills; the household heads must be ready to meet those costs and be able to take a decision on whether to get connected or not after weighing the opportunity cost.
Figure 4: Age of Household Heads
3.1.3. Relationship to HHH
The study further inquired about the relationship household members had with the household heads, and from the Figure 5 below it was established that the majority of household members are sons (54%) compared to daughters (19%) and wives (16%). These statistics indicate that most of the household members are either children or youth who do really need electricity in the early years of their lives and stand to highly benefit from it especially for enhancing their educational skills. These boys will be capable of transforming their livelihoods with availability of electricity in their areas.
Figure 5: Relationship of Household Members to Household Head
3.1.4. Marital Status of HHHs
Overall, majority of household heads in the project area are married or cohabiting 38% while the widowed are 4% and 2% are either separated or divorced as shown in (Figure 6) below. This depicts the typical situation on the ground since majority of men in Uganda have more than one wife and even those with one wife always re-marry immediately the wife dies. While this is different for the women who may fail to remarry after the death of their husbands. Widows usually suffer the wrath of the husbands’ relatives where they claim and take most of the family property yet abandoning the children with their mother. The impact of the project on ability to get connected and utilize power productively thus makes them more vulnerable.
Figure 6: Marital Status of Household Members
On the contrary, marital status of household members shows that majority (56%) are never married followed by those who are married (38%). This is so because majority of household members are children as earlier indicated in figure 6 above.
3.1.5. Religious Affiliations of Household Members
From the figure 7 below the most dominant religion in Amuru-Nwoya area is Catholics (70%). It is important to know the religious affiliations of the project affected persons so as to plan the RAP implementation programs effectively. For example, in an area where majority of the affected are Seventh Day Adventists it may not be effective to call a consultative/sensitization meeting on Saturday because members of this religion spend the whole day in church. This is the same with others religions who worship on particular days. In other religions like Islam where women have restricted contact with men it may not be advisable to hold a meeting of both sexes at once because the women may not freely air out their views.
Figure 7: Religious Affiliations of Household Members
3.1.6. Education levels of Affected Persons
The level of education attained by an individual is an indirect measure of the coping ability with economic shocks. Highly educated populations are known to devise better strategies to mitigate risks. This can be true in situations of displacement. Moreover, the type of education, formal or vocational, makes one easily adapt to host communities. Income restoration strategies and mitigation measures should therefore take into account education level as the capacity building and development of social capital depends, among other things on the education level of the beneficiary.
A large proportion (65%) of PAPs attained primary school education; however only 30% of these enrolled for secondary education. (See figure 8 below). During the community meetings it was reported that most of the girls did not enroll because of factors like early marriages, low priority on girls' education and lack of means to pay for school fees especially at secondary level. Hence majority of the girls end up getting married before they complete primary level.
The low levels of literacy in the area implies that any information and awareness programs to be designed for the people in the project area should not rely only on written texts but use illustrations and other suitable information media. Furthermore, low education levels means few PAPs have skills that are required in the construction of the power line. Therefore majority of them may be employed as casual laborers.
Figure 8: Education Levels of Household Members
3.1.7. HIV/AIDS Prevalence
According to Uganda Demographic and Health Survey 2011, the Northern region which includes the project areas of Amuru and Nwoya are reported to have the lowest HIV/AIDS prevalence of 2.3% which is lower than the national figure of 6.5%. However, the prevalence ratio is higher amongst the women than the men. Currently there are voluntary counselling and testing (VCT) sites spread out in the project areas in the region as far back as 2002 by the AIDS Information Centre (AIC). These centres also conduct other HIV/AIDS activities such as awareness creation, condom distribution, and care for AIDS orphans.
HIV/AIDS is presently one of the leading causes of death among the adults and children under five in this region. It is estimated that between 25–40 percent of HIV/AIDS positive mothers in Uganda transmit the virus to their children. HIV/AIDS has also led to the exacerbation of certain diseases like pneumonia, meningitis and tuberculosis, which had hitherto been controlled.
Identification will be required of all residents interested in working on the project to prove their ages before being employed. No person 18 years and below will be employed on the project.
There will be community sensitization on the scourge of HIV. This will include free testing and counselling, condom distribution and distributing of information posters.
3.1.8. Characteristics of Households and Houses
Rural electrification comes with costs of house wiring, connection and power consumption bills, and ownership of houses becomes a crucial issue in the decision to get the house connected. It is easier for the owner of the house to welcome the idea of connection compared to a tenant due to the costs involved. From the study (Figure 9) below, all the houses in Amuru-Nwoya project area are owned. This will make it easy for REA to convince the people in these areas to power to connect their houses.
Figure 9: Type of House Ownership
3.1.9. The Affected Plot as the Principle Place of Dwelling
PAPs were further asked if the affected area or plot is the principle dwelling place in terms of areas where they conduct their daily activities. 78% responded positively. This means that when power is extended to these areas it is expected that they will put in productive use and the cost of extending it to various work places will be minimal.
Figure10: Affected Plot is Main Dwelling Place
Furthermore, results from Figure 11 below indicate that the power lines are going through land that is mainly used for growing crops especially in Amuru-Nwoya areas (86%). This kind of information is vital as it gives guidance on which kind of sensitization information is to be given to communities. Indeed during the community sensitization meetings, PAPs were told that for those whose perennial crops will be affected, compensation using district rates will be calculated and payments done. They were further advised not to grow crops beyond 6 feet tall after the power lines have been connected. They will only be allowed to grow short crops like sweet potatoes and beans and incase of power line maintenance their crops will be slashed without further compensation.
Figure 11: Affected Land Main Area for Growing Crops
3.1.10. Types of Dwelling Places
The type of the dwelling house is important in making decisions to connect by the household head. Bigger houses are likely to be very expensive to wire. Previous studies indicate that the cost of wiring a standard house could rise to beyond one million shillings; this has hindered rural connection. In contrast, connecting grass thatched huts is a still a big challenge in most rural though REA is promoting the use of READY BOARDS for single rooms and huts but there is still general fear among the communities that electricity may burn the hut. Results from the Figure 12 below show in Amuru-Nwoya power line majority of the houses are huts (89%).
Figure12: Type of Main House
For the house to get connected to electricity, the roof, floor and wall materials have to be of permanent or semi-permanent nature for it to get approval by certified electricians and get certificate to be connected. This study looked at materials used to build houses in the target areas. From Table 8 below it can be concluded that most houses in Amuru-Nwoya (90%) are roofed using grass. For the walls, in Amuru-Nwoya though roofed with grass majority (85%) are built using sun dried bricks. For floor material, majority of houses in the project area use earth making the floor 89%. The materials used for building houses provides REA with guidance on which material to use for connecting houses. For example REA can consider advising them to use of READY BOARDS in most of the houses that are grass thatched.
Table 8: Materials of Used for Building Houses
Roof Type
Outer wall
Floor Material
Iron sheets
Grass thatched
Brick or cement block
Stone or cement
Adobe (sun-dried brick)
Quincha (cane with mud)
Stone with mud
Wood
Cement
Earth
Ceramic tiles
10%
90%
10%
0%
85%
5%
0%
0%
10%
89%
1%
One of REA’s objectives of increasing rural connection is to save on the environment and the health of rural women who mainly use fuel wood for cooking by encouraging a shift to cleaner and safer energy. For effective connectivity to the kitchen houses the study considered the distance of the kitchen from the main house because usually most household would connect to the main house without bothering connecting to the kitchen. Results from table 9 below show that in the project area, kitchens are separate from the main house thus increasing the cost of house wiring.
Table 9: Location of Kitchen from the Main House
Separate Far from Main House
Separate Near Main House
Adjacent to the Main House
Inside the Main House
On the Veranda
11%
72%
11%
2%
4%
3.1.11. Hygiene and Sanitation
Respondents were asked about the type of sanitary facilities found at their homes and from results in the Figure 13 below show most homes in the project area (80%) have pit latrines some households even have VIP latrines (4%) while some people in all the project areas just dig a hole in the ground and some (8%) still go to the bush.
Figure 13: Type of Sanitary Facility
Similarly household heads were asked where they dispose their solid waste and the majority (77%) disposes off their solid waste in the bush, and a sizable group of others (18%) just dump it anywhere while 4% dump it in their backyard.
Figure 14: Disposal of Solid Waste
3.1.12. Energy Sources
Table 10: Main Energy Sources Used by Households
Lighting
Cooking
Grinding
Radio
Television
Cell Phone
Kero
sene
Dry Cells
Solar
Fire
wood
Charcoal
Engine
Gen-set
Manual
Battery
Dry Cells
Solar
Gen-set
Solar
Battery
Dry Cells
Solar
78%
7%
15%
77%
26%
60%
29%
11%
63%
69%
3.1.12.1. Source of Energy used for Lighting
The survey shows that households in the project area rely on various sources of energy for lighting, cooking and appliances. Majority of households use paraffin/Kerosene as main source of energy for lighting (78%) being at the top. This is followed by solar with 5% and 7% use dry cells on average. Results from the (Table 11) above show the different sources of energy used for lighting in the different project areas. Apart from the high cost associated with kerosene (now selling between 2900-3100/= after the 200/= increase in the budget report), it is also a known health hazard due to the emissions in form of soot that the lamps and candles emit. In addition kerosene as the main source of lighting has become a death trap in many households with news of houses burnings and killing mostly children becoming top news stories in the dailies, radios and television news casts. Rural electrification will go a long way in saving lives and household income spent on kerosene as it is a known phenomenon that the first use of electricity in rural areas is household lighting.
3.1.12.2. Source of Energy used for Cooking
The dominant source of fuel for cooking in the project areas is wood fuel with the average being (77%) followed by charcoal (26%). During the focus group discussions it was also reported that charcoal burning is one of the most common economic activities especially among the participants in the Northern region though not many of them use it as a source of cooking. Asked if the continued use of firewood and charcoal has any environmental effects, most participants reported that over depletion of fuel wood would cause deforestation. Fires for cooking and use of other fossil fuels in household activities are known to have an effect on respiratory health. Although this cannot be quantified, indirect benefits of rural electrification may reduce the need for fossil fuels by populations, as electricity networks become more common in various parts of the nation, thus reducing some of the respiratory illness incidences.
Grinding/milling is one of the major household activity that consumes a lot time of females at household level and therefore time spent on grinding is one of the factors this study was interested in. Though it was not possible to establish exact time household spent on grinding/milling but respondents said that they carried out this activity at household level and also spent a lot of time on it. Diesel engines are mainly used for this purpose in all regions, with rural electrification, this is expected to change to use of cleaner source of energy compared to the engines that pollute the environment.
3.1.13. Benefits Expected After Connections
Remote or rural regions lacking electricity supply are often characterized by well identified challenges. They may lie at a reasonable distance from national or regional electricity grids and may be difficult to access (far from urban centres with a difficult terrain such as large rivers or forests). Naturally they may suffer harsh climatic conditions that render electrification through grid extension a perilous task. In addition to these challenges, the rural poor areas without access to electricity either spend relatively large amounts of their scarce financial resources on energy, or a disproportionate amount of time collecting firewood. It should not be taken for granted that all the rural community is willing to get connected to electricity. Respondents were asked what benefits they expected after getting connected. Results from the table 12 below show that all project areas regarded as very important the fact that electricity will provide an alternative clean source of energy, create more employment opportunities for women. It is used to improve public security and improvement in service delivery in existing health centers were regarded highly 90% and (85%) respectively in Amuru-Nwoya project area.
Table 12: Benefits Expected after Connecting to Power
Benefits Expected
A-N-N
Most Important
Important
Somehow Important
Not Important
Provide alternative and clean source of energy
78%
20%
2%
Create more employment opportunities
for women
78%
17%
4%
1%
Improve service delivery in existing
health centers
85%
14%
1%
Increase enrolment of girl child and
reduce early pregnancies
71%
18%
10%
1%
Improve public security.
90%
10%
Improve the health of women who cook
in smoky environments
16%
66%
16%
2%
Current affairs through watching news
on televisions
38%
55%
5%
2%
Establishment of new business to supplement
income from farming
29%
67%
3%
1%
3.1.14. Most Desired Appliance upon Connection
The most desirable electric appliance household members would wish to buy upon getting connected to grid power is a television (54%). Overall, this is in line with the reason for wishing to be connected earlier on noted above as being interested in current affairs (38%). This is a clear indication that rural communities are thirsty for information. Therefore rural electrification will definitely bridge this gap. The next item that the respondents would wish to acquire is a refrigerator (24%) Refrigeration is also valued for providing the ability to conserve food and medicines and save money by rationalizing shopping. Then Electric iron comes third (23%) as a way of avoiding the cumbersome charcoal flat iron and in bid to looking smart without wasting a lot of time.
Table 13: Items to be Bought First after Connecting to Power
Radio
Television
Mobile Phone
Cooker
Electric Kettle
Water Heater
Flat Iron
Refrigerator
Electric Fan
Cassette Player
DVD Player
Business Equipment
34%
54%
12%
22%
8%
23%
24%
6%
2%
14%
27%
3.1.15. Income, Livelihood and Economic Activities Status
The occupation of the Project Affected Persons is subsistence farming as indicated in Figure 15 below, with an entire population surveyed participating in subsistence farming. The other economic activities include rice growing in Amuru (50%).
Figure 15: Main Farming Activities
Other sources of income for livelihood are obtained through employment and from Figure 16 below it is clear that very few project affected persons in Amuru (3%) are involved in any other gainful employment.
Figure 16: Forms of Employment of Household Heads
Source of income for livelihood for Project Affected Persons in Amuru indicated retail business (17%). Results from Figure 17 Below further indicate that some people from Amuru were vendors (34%).
Figure 17: Types of Businesses
The estimated family income per month, results from Table 14 below show that most households in the project area earn between 100,000/= to 500,000/= per month (41%).
3.1.16. Estimated Household Income per Month
Table 14: Estimated Family Income per Month
Less Than
10,000 UGS
10,000
-
50,000 UGS
50,000
-
100,000 UGS
100,000
-
500,000 UGS
500,000
-
1,000,000 UGS
More than
1,000,000 UGS
3%
4%
21%
41%
15%
16%
3.1.17. Production Activities
The main source of food for households is grown on the affected land as shown in the Figure 18 below (71%) followed by a significant percentage (28%) that buy their food from the market.
Figure 18: Sources of Food for the Household
The land is mainly used for small-scale agricultural production. Crops grown are mainly food crops like cassava, sweet potatoes, maize, beans, and maize. However, tree crops like coffee, and shear nut are also grown. The major crops grown in each of the project area are clearly shown on Table 15 below.
Table 15: Main Crops Grown by the Household
Maize
Sweet Potatoes
Cassava
Beans
Rice
Bananas
Millet
Irish Potatoes
Others
64%
41%
73%
53%
35%
5%
41%
60%
Animal production acts as good alternative to food production and if enhanced can act as a cushion in periods of crop failure in terms of providing household income that can be used to purchase food. All households interviewed at least reared some livestock as shown in the Figure 19 below some of the animals reared include; mostly goats, pigs, cows and poultry being reared. Goats stand out as the most reared, followed by poultry and a few cows.
Figure 19: Animals Kept by Households
3.1.18. Land Tenure Systems
The Constitution (1995) defines four different types of tenure namely; freehold, private Mailo, Leasehold and Customary ownership.
1. Freehold Ownership: This tenure is mostly prevalent in institutions such as churches, mosques, schools and a few individuals. It is registered and owned in perpetuity.
2. Private Mailo: Technically this tenure is equivalent to the English version of freehold. The term “Mailo” was adopted in Buganda (south-central Uganda) because of the unit of measurement at the time of its introduction—the mile. It is therefore the most prevalent in Buganda region and forms the bulk of land around Kampala. Land is also owned in perpetuity.
3. Leasehold Ownership: This tenure is granted by a controlling authority for a defined period to a lessee for a specific development. This tenure is most predominant in urban centres, with the controlling authorities being municipal or town councils. Under the new law, this authority lies with the District Land Board.
4. Customary Tenure: This tenure is the traditional way by which individuals or group held land. It has been recently acknowledged by the Ugandan Constitution as a legal holding. Individuals holding customary tenure can convert it to freehold.
Results from Figure 20 below indicate that customary tenure system is the dominant land tenure system in Amuru (96%).
Figure 20: Land Tenure System
3.1.19. Source of Water
Access to safe water and good sanitation are very crucial to the health of the population. Use of unsafe water sources coupled with poor sanitation pose one of the greatest threats to health. Hence universal access to safe water and sanitation is a key priority of the Government of Uganda. The 2002 Census showed that 61% of the households had access to safe water sources compared to 26% in 1991, representing a 35% point’s increase. Despite the improvement, the current levels are still below the PEAP targets of 100% and 90% for urban and rural areas respectively by 2007/08 and the MDG target of 80% for all areas by the year 2015. Results from the study indicate that the people from Amuru use spring well as their main source (51%) of water.
Figure 21: Main Source of Water
One of the barriers to use of safe water is the long distances to the sources. In Uganda the responsibility of fetching water mainly lies with women and children. This reduces the time they have available to productively engage in other activities including income generation and household activities for women; education and other childhood activities for children; and leisure for both women and children. From the community meeting in all the three project areas it was reported that mostly wives, girl children and female heads of households are the ones engaged in fetching water. It was further noted that most rural towns or District Headquarters are spending a lot of money in buying fuel to use for pumping water for household distribution. It is expected that with rural electrification this cost will dramatically reduce and the burden of women fetching water from far distances will be lessened.
3.1.20. Treatment of Drinking water
Figure 22: Treatment of Drinking water
Water borne diseases such as diarrhea, intestinal worms and typhoid are associated with drinking unsafe water. Respondents were asked what means they use to treat drinking water. From Figure 22 above, it shows that majority (87%) of households in Amuru-Nwoya do not boil, drink bottled water nor treat with tablets the water they drink to make it safe. Very few of them (5%) use purifying tablets. These kinds of statistics indicate that with availability of electricity in rural areas treating of water drinking through boiling will improve in the Amuru-Nwoya regions too.
Earlier on it was observed that the main source of cooking used by majority of households in the project areas is by fuel wood. Given the scarcity of bio mass, most families skip boiling drinking water as a way of saving firewood for cooking food, it is therefore expected that rural electrification is most likely to supplement energy for boiling water though using electricity for cooking in the rural areas comes costs as well.
3.1.21. Main Mobile Telecom Used
Ownership and use of mobile telephones cannot be underrated in information dissemination. Mobile telephones can be used to provide information on project activities including inviting Project Affected Persons for meetings. Where it might be difficult to deliver funds to the PAPs mobile money could be considered. The survey looked at the main telephone companies operating in the project area; results from the table below indicate that MTN is main telephone company in all the project area. UTL and AIRTEL are fairly represented.
Figure 23: Main Mobile Telecom Used
3.1.22. Bank Accounts
One of the major objectives of preparation of this RAP is to identify the Project Affected Persons and the extent of impact that the power line project will cause so that compensation can be carried out. It should be noted that Government of Uganda has changed its policy on effecting payments to affected persons. Previously payments used to be made in cash but due the corruption tendencies it became difficult to account for all the monies and therefore it was resolved that any payment beyond 200,000/= be effected through the banks. It is important to know information on availability of banks in the areas and which household members have bank accounts so that during the RAP implementation, PAPs without bank accounts can be advised to open accounts in the available banks nearby to avoid the stress of travelling long distances to open bank accounts to be used only for receiving of compensation money. Results from Figure 24 below show that only a small number of household in Amuru-Nwoya (only 27%) have bank accounts.
Figure 24: Household Head that have a Bank Account
From the valuation list, out of the 148 PAPs about 102 PAPs will receive their compensation packages in cash because their packages amount to less than 200,000/=. The rest of the PAPs about 91 in number will receive their payment either by Cheque or through Electronic Funds Transfer (EFT). The verification will be done by the RAP Implementation Officer who plan and coordinate all the RAP implementation processes.
3.1.23. Payment Procedure
Notification of Compensation
One month in advance of receiving their compensation, each PAP will receive an individual household entitlement matrix, which will be presented to each household. The household entitlement matrix will indicate the details of the final valuation and compensation, including the following:
· Confirmation of the choice of options by the PAP.
· The amount approved by the Chief Government Valuer.
· A description of the methods used, including specifics of the valuation of structures, crops and land.
· The additional measures to be paid by the project, such as transitional or transport allowance, and also detail the other support offered by the Project, such as relocation assistance.
· The total cash compensation payable.
· Information on the grievance procedure.
· Information regarding the documents required to claim compensation (such as original documentation or passport photos).
· Confirmation that the PAP chooses to open a bank account to receive compensation, how, where and when this can be done, and that all charges associated with this will be paid by the Project.
· Upon receiving the individual entitlement matrix, the PAP must sign acceptance of the compensation prior to receiving cash. In addition, the claimant will be asked for identification.
· When claimant consents to all information presented, a cash or cheque payment should be made.
In cases where the Mailo landowners do not reside in affected areas:
· REA will check with those currently on the land to identify their location.
· If this fails, REA will place advertisements in national papers, radios etc. in an attempt to inform the Mailo land owners about their entitlements to compensation.
· Otherwise, REA will hold compensation payments in trust until the land owners are identified.
Payment Logistics
a)Payment Days:
The days on which PAPs receive payment will depend on the day assigned to the PAP’s respective LC1 for disbursement. Payment will be disbursed to PAPS two villages per day (“Village Payment Days”). This ensures that LC1s overseeing the project are not required to stay at payment centers for the entirety of the payment period, but rather just for the days assigned to their villages.
If a PAP misses their respective “Village Payment Days” – the PAP must make special arrangements with their LC1s within the two week “Payment Period” to go to the payment location or Bank to receive their payment. If this is missed, then the PAP, with LC1, will be responsible to contact REA to arrange entitlement distribution.
b)Location
REA will ensure payment is at the weighted center of the affected population to minimize travel distance.
c)Who will be present at payment location
The following representatives will be present at the Disbursement Location:
· REA representative
· LC1 (these will need a facilitation payment)
· District representative
d)Tracking payment:
To track payments, photographs of all PAPs will be taken, which will be entered into a database or compensation log maintained by REA.
e)Payment by Installment
Payment shall be made by REA or its appointed agent and on payment; a receipt should be signed by the payee, payer/REA representative and a local administration witness. Ugandan law requires that compensation be accomplished before entry onto private property. So where payment in several installments is preferred (as a mitigation of the risk of cash misuse, which could affect female spouses and children), this contradiction can be overcome as follows:
i) Obtain a written consent from compensation recipients for their payment to be made in installments rather than as a “one-off”.
ii) Sign a compensation agreement that clearly indicates a payment schedule rather than lump sum payment.
Where payment will be made in installments, compensation certificates and agreements should include the detailed schedule of payments. Signatories of the compensation agreements should the compensation Recipient and REA representative, and be witnessed by a member of the parish land committee.
3.1.24. Seeking Redress Mechanism
Rural electrification results in compensation which usually comes with conflicts especially on land ownership and or crops/trees that are to be compensated. Since conflicts are anticipated it was important to understand where PAPs usually seek redress of their grievances. From Figure 25 below, it is clear that the Local Council Committee (46%) are equally important as are the clan members (42%) in resolving conflicts in Amuru-Nwoya
Figure 25: Where to Seek Redress Mechanism
4. LEGAL, POLICY, and INSTITUTIONAL FRAMEWORK
This chapter provides analysis of the policy, legal and institutional framework within which the proposed REA projects are expected to operate. The main issue in land acquisition, resettlement implementation and management is presence of an appropriate legal, policy and institutional framework to cater for (i) land acquisition, (ii) compensation, (iii) relocation, (iv) income restoration and (v) livelihoods restoration programs. This section summarizes the relevant policy, legal, institutional and administrative frameworks required during the implementation of the project. It includes:
a) Relevant Ugandan law (including customary and traditional law) governing land tenure, valuation of assets and losses, compensation; customary law related to displacement and social welfare legislations
b) The scope of power of eminent domain and the nature of compensation associated with it, in terms of both valuation methodology and the timing of payment
c) The applicable legal and administrative procedures, including a description of the remedies available to displaced persons in the judicial process, and the normal time frame for such procedures; any available alternative dispute resolution mechanisms that may be relevant to resettlement under the project;
d) Laws and regulations relating to the agencies responsible for implementing resettlement activities
e) Legal steps required to ensure effective implementation of resettlement activities under the project, including as appropriate, a process for recognizing claims to legal rights to land, including claims that derive from customary law and traditional usage.
4.1. Legal Framework
Ugandan Laws
There are a number of national and local legal frameworks that regulate the land relations in Uganda. These frameworks define land rights, ownership, procedures and requirements of transfer and acquisition of land between individuals and groups. They also provide procedures for the acquisition of land by the state or a public body for public projects. Among the most important legal instruments in this regard are the following:
· The Constitution of Uganda (1995);
· The Land Act (1998);
· The Land Acquisition Act (1965);
· Land Regulation Act (2004)
· Land Act (Amendment) (2010)
· Local Government Act (1997)
· The Electricity Act (1999)
While all matters relating to land acquisition, compensation and resettlement are managed within the provisions of the above legislation, the most decisive document in this regard is the Land Act of 1998, as amended.
4.1.1. The Uganda Constitution (1995)
Article 237(1) of the Constitution vests all land of Uganda in the citizens of Uganda.
